Tmobile price increase

d123

RandomCurve wrote: »

Some potentially good news at last - can you both share the basis of the claim - i.e. how you couched it so that it is not a business decision?

I am still pessimistic, if I'm honest.

I complained on the basis that T-Mobile had refused to comply with the terms and allow me to immediately cancel upon notification of the increase.

I stressed that I understood increases were a business decision, but the refusal of the right to cancel upon notification of an above RPI increase was a breach of contract.

adamoneill88

d123 wrote: »

I am still pessimistic, if I'm honest.

I complained on the basis that T-Mobile had refused to comply with the terms and allow me to immediately cancel upon notification of the increase.

I stressed that I understood increases were a business decision, but the refusal of the right to cancel upon notification of an above RPI increase was a breach of contract.

I argued the same case, originally CISAS rejected my case because they said it was a business decision, but after writing back to CISAS further stating the fact that I am disputing breach of contract and not the business decision, they have now accepted my complaint only this morning. This is the letter I received for any body interested;

We acknowledge receipt of an application for adjudication by the customer, a copy of which is attached for the attention of the company.
Please note that any further documents submitted after this date may lead to your application being restarted in order to give the company time to consider them.
In accordance with the rules of the scheme, the company is now required to submit two copies of their response to the claim, which should be returned to us within 14 days of receipt of this letter, that is, on or before 13/06/2013. The company should list all papers being submitted, and where possible submit their response by email. A copy of any defence to your case received from the company will be sent to you and you will be given the opportunity to make any comments about it which you wish to make.
Please be advised that the company may contact you in order to negotiate a settlement of your claim. If they do that but no agreed settlement is reached they must still submit their defence to your claim by the due date above.
The company may decide to settle your claim in full, ie to give you everything you are claiming in your application. Under these circumstances the company will notify us and we will write to tell you. We will close our file at that time because the adjudicator has no power to award any more than is claimed.
We will contact you again in due course.
Yours sincerely,
Mr Jean-Marie Sadio
Case Administrator

adamoneill88

For anybody who may have had their CISAS complaint knocked back originally, this is what I sent them;

Please note with regards to my recent CISAS rejection that my T&Cs allow T-Mobile to increase their line rental on fixed term contracts, however the rate that they have applied is not in accordance with the T&Cs. I have contacted T-Mobile to exercise my right to cancel without penalty to me, but T-Mobile have refused that right thereby breaching T-Mobiles T&Cs. For the avoidance of any doubt I am not disputing the business decision by T-Mobile to increase their price plan charges. It is their right to do so in their T&C's

This case therefore should be in the remit of CISAS, as is the case for many others that I am in contact with who have had their cases accepted under the same circumstances.

arturbdg

Now that is odd - just received a letter from CISAS that states:

"We acknowledge receipt of an application for adjudication by the customer, a copy of which
is attached for the attention of the company.
In accordance with the rules of the scheme, the company is now required to submit two
copies of their defence to claim, which should be returned to us within 14 days of receipt of
this letter, that is, on or before 13/06/2013. The company should list all papers being
submitted, and where possible submit the defence by email.
In making the defence, the company should identify which matters are accepted and which
matters are disputed and, in identifying the matters which are disputed, give reasons why
they dispute the claim.
The company is reminded that the defence should be accompanied by any relevant
documentation that the customer has been unable to produce and which is in the
company’s possession.
We look forward to receiving the company’s defence. Upon receipt, a copy will be sent to
the customer who will be given 7 days to submit their comments on the defence.
Yours sincerely,"

Odd thing is that I made my complaint about it long time ago, then got an acceptance, after that that case is rejected because T-Mobile stated is a business decision and when I wrote to them that I do not accept that decision and asked about complaint/appeal procedure received above letter.

I have literally no idea what is going on with CISAS and the T-Mobile.

---

Ok, got second E-mail from CISAS. Got a copy of complaints procedure now and been told that my cases been reassessed and re-opened.

Quite interesting turn of events I might say.

d123

adamoneill88 wrote: »

For anybody who may have had their CISAS complaint knocked back originally, this is what I sent them;

Please note with regards to my recent CISAS rejection that my T&Cs allow T-Mobile to increase their line rental on fixed term contracts, however the rate that they have applied is not in accordance with the T&Cs. I have contacted T-Mobile to exercise my right to cancel without penalty to me, but T-Mobile have refused that right thereby breaching T-Mobiles T&Cs. For the avoidance of any doubt I am not disputing the business decision by T-Mobile to increase their price plan charges. It is their right to do so in their T&C's

This case therefore should be in the remit of CISAS, as is the case for many others that I am in contact with who have had their cases accepted under the same circumstances.

I would make two changes, it isn't "fixed term" it's a minimum term contract. Secondly, it is important to stress your right to immediately cancel the contract upon notification, as this makes their assertion of using the future RPI more arguable, the point needs to be made that the customer has the right of immediate termination upon notification (so the 7th/8th/9th of April for most).

By the cancellation being immediate there is no contract in place on the 16th for them to try and say that was the RPI in force and therefore 7.2.3.3 doesn't apply.

I intend to keep it simple, and win or lose will be satisfied with causing a great deal of aggravation, enough to make OFCOM reconsider the rules on allowing this to happen, and enough to make T-Mobile think twice of repeating this shambles if OFCOM bottle out of a rule change.

adamoneill88

d123 wrote: »

I would make two changes, it isn't "fixed term" it's a minimum term contract. Secondly, it is important to stress your right to immediately cancel the contract upon notification, as this makes their assertion of using the future RPI more arguable, the point needs to be made that the customer has the right of immediate termination upon notification (so the 7th/8th/9th of April for most).

By the cancellation being immediate there is no contract in place on the 16th for them to try and say that was the RPI in force and therefore 7.2.3.3 doesn't apply.

I intend to keep it simple, and win or lose will be satisfied with causing a great deal of aggravation, enough to make OFCOM reconsider the rules on allowing this to happen, and enough to make T-Mobile think twice of repeating this shambles if OFCOM bottle out of a rule change.

Minimum term, yes you are absolutely correct. I made sure to stress my right to cancel under the CISAS complaint that I originally submitted.

Even if I don't win, like you it's nice to know the boat has been rocked and my complaint has ultimately cost T-Mobile regardless of the outcome.

NittyGritty

adamoneill88 wrote: »

I argued the same case, originally CISAS rejected my case because they said it was a business decision, but after writing back to CISAS further stating the fact that I am disputing breach of contract and not the business decision, they have now accepted my complaint only this morning. This is the letter I received for any body interested;

We acknowledge receipt of an application for adjudication by the customer, a copy of which is attached for the attention of the company.
Please note that any further documents submitted after this date may lead to your application being restarted in order to give the company time to consider them.
In accordance with the rules of the scheme, the company is now required to submit two copies of their response to the claim, which should be returned to us within 14 days of receipt of this letter, that is, on or before 13/06/2013. The company should list all papers being submitted, and where possible submit their response by email. A copy of any defence to your case received from the company will be sent to you and you will be given the opportunity to make any comments about it which you wish to make.
Please be advised that the company may contact you in order to negotiate a settlement of your claim. If they do that but no agreed settlement is reached they must still submit their defence to your claim by the due date above.
The company may decide to settle your claim in full, ie to give you everything you are claiming in your application. Under these circumstances the company will notify us and we will write to tell you. We will close our file at that time because the adjudicator has no power to award any more than is claimed.
We will contact you again in due course.
Yours sincerely,
Mr Jean-Marie Sadio
Case Administrator

thats exactly what i just had, after CISAS got back to me saying they couldnt help,
i sent my complaint back to CISAS and i get an email this afternoon, same as the above, so maybe theres hope afterall, will keep you updated if anything comes of it by 13th

NittyGritty

RandomCurve wrote: »

Some potentially good news at last - can you both share the basis of the claim - i.e. how you couched it so that it is not a business decision?

when CISAS told me they couldnt do anything i sent them a reply stating i was going to make a formal complaint, then i refered to the T+C's of Tmobile, stating if the RPI is higher then it clearly states i can leave free of charge, something to that effect,

to be honest i gave up hope when i sent the complaint back to CISAS, but it was worth a go
even now i dont hold much hope, but i guess time will tell between now and the 13th of june.

nothing ventured nothing gained? its worth a shot
i also put a bit of compensation to claim from tmobile also of £50 bit cheeky i know but hey i took the time and trouble to contact them and all the hassle i went through, (again not expecting anything) but if they do pay out then at least it will hit them slightly in the pockets albeit a very small one out of the millions they make

ruflonger

d123 wrote: »

I am still pessimistic, if I'm honest.

I complained on the basis that T-Mobile had refused to comply with the terms and allow me to immediately cancel upon notification of the increase.

I stressed that I understood increases were a business decision, but the refusal of the right to cancel upon notification of an above RPI increase was a breach of contract.

My complaint was on the same basis.

adamoneill88

Has anybody else just had an email from the executive office??? I just received this email....something is afoot here.

Case Reference: XXX
Account Number: XXX

Please respond to executive.office@everythingeverywhere.com

Dear Mr O'Neill,

Thank you for your email.

I have read through your email and I appreciate you feel that T-Mobile is in breach of its agreement with you. We do not share this view and we believe the business decision was in keeping with the terms of your agreement with us.

We maintain our position that the price increase, taken as a business decision, is not within the remit of the independent arbitration scheme. You are of course free to seek further independent advice.

Whilst I appreciate this was not the outcome you were hoping for I trust the above clarifies the situation.

Yours sincerely



Stuart McLaren
Executive Complaints, EE